part a - cairns regional council · relevant management authority. all of those parts of the plan...

PART A

STRATEGIC PLAN

CITY OF CAIRNS A- 1

1 .o

2.0

3.0 3.1 3.2

4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7

5.0

5.1 5.2 5.3 5.4

6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11

PART A - STRhTEGlC PLAN

I N D E X

INTRODUCTION

STRATEGIC PLAN FORMAT

FOUNDATION OF PLAN Overriding Principle Statement of Intent

PREFERRED DOMINANT LAND USES Introduction Rural Urban Conservation Rural Constrained Land Low Density Residential Urban Alternative

STRATEGIES AND OBJECTIVES APPLICABLE TO ALL PREFERRED DOMINANT LAND USES Introduction Natural Resources City Image Economic Development

SPECIFIC STRATEGIES Introduction Housing Strategy Traffic and Transport Strategy Recreation Strategy Services Strategy Drainage Strategy Hazards Strategy Extractive Industries Strategy Heritage Strategy Industry Strategy Commercial Strategy

PLANNING SCHEME FOR THE BALANCE OF THE CITY OF CAIRNS

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1.0 INTRODUCTION t

The Council of the City of Cairns is charged with the responsibility to provide for the best possible use of all lands within the Plan Area and also within the wider context of the Region and the State.

To discharge this responsibility in a manner which has regard to community interest, physical, environmental and economic constraints and opportunities Council has developed this Strategic Plan.

The Strategic Plan provides the direction for the overall development of the Plan Area. It provides for linkages to the ongoing FNQ 2010 Regional Planning process and the mechanism by which many of the regional planning outcomes can be implemented. It remains consistent with the wider aspirations of the State Government of Queensland which are reflected through the State Planning Policies.

While it is not anticipated that the Strategic Plan would require a review within its life of 7-10 years, it does recognise that unforeseen matters may arise to justify amendments.

Matters which may trigger amendments may be seen as follows:

- outcomes of the FNQ 2010 Regional Planning Process; . discovery or compilation of new data;

rate of uptake of land stock; - changing community needs and aspirations; . introduction of new legislation.

Such reassessment should only occur within the wider Strategic Planning context, and not to facilitate approvals of individual applications.

It is also recognised that the Act allows departure from Strategic Plans if there are sufficient planning grounds to justify proceeding with the proposal despite the conflict. Subsection 3.1 sets out the overriding principle which guided the formulation of the Strategic Plan and these matters shall form the basis of assessment of a proposal which conflicts with the Strategic Plan.

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2.0 STRATEGIC PLAN FORMAT

The Strategic (ESD) this is Land uses but

Plan is based on Ecological Sustainable Development reflected not only through the broad Preferred Dominant also through the Overarching and Specific Strategies.

The six Preferred Dominant Land Uses are Rural, Urban, Conservation, Rural Constrained, Low Density Residential and Urban Alternative. They are supported by, and interact with, the three Overarching and ten Specific Strategies.

The overarching strategies of Natural Resources, City Image and Economic Development are relevant to the implementation of the specific strategies which target the detailed aspects of the Preferred Dominant Land Uses.

Figure A-I provides a diagrammatical depiction of the different elements which make up the Strategic Plan.

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I " , L I Y I U T I O .I , el 0 . J X C T I " E I r

Figure A-I: FORMAT OF STRATEGIC PLAN


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3.0 FOUNDATION OF PLAN

3.1 Overriding Principle

The overriding principle of this Planning Scheme is the promotion of ecologically sustainable development. Ecologically sustainable development means the use, development and protection of the environment in a manner and at a rate which enables the communities of the Plan Area to provide for their economic, social and physical well-being and for their health and safety while:

- sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations;

safeguarding the life supporting capacity of air, water, land and eco- systems;

avoiding, remedying or mitigating any adverse effects of activities on the environment;

affording appropriate consideration of both long and short term economic environmental, social and equity considerations in deciding all matters relating to environmental protection, restoration and enhancement.

*

.

*

This Planning Scheme seeks to implement the principles of ecologically sustainable development by:

. the prevention, reduction, minimisation and where practical elimination of harm to the environment by land use allocations and development approvals which encourage and assist proponents of development to prevent pollution and minimise waste;

* implementing as conditions of approval of any development, environmental protection measures supported by relevant State and Federal Government agencies and intergovernment agreements.

the application of a precautionary approach to the assessment of risk of environmental harm, such that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;


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I * requiring proponents of development to make progressive environmental

improvements including the reduction of pollution and waste etc;

- allocating the costs of environmental protection and restoration equitably by the imposition of uniform contribution schemes;

the provision, through conditions of approval, for the monitoring and reporting on environmental quality on a regular basis to ensure compliance with statutory requirements and stated conditions of approval;

*

. promoting intergenerational equity such that the present generation should ensure that the health diversity and productivity of the environment is maintained or enhanced for the benefit of future generations.

The challenge to Council in preparing this Planning Scheme, is to consider the competing economic, social and environmental implications of its land use allocations in the strategic planning process, such that the meaning of Ecologically Sustainable Development is reflected in the Planning Scheme documents. The Council sees its primary responsibility as promoting well serviced communities with efficient and sustainable development patterns. This, in turn, necessitates that development should be orderly, co-ordinated and managed in such a way that the environmental and social qualities of these communities are enhanced and that options remain available for future residents of the Plan Area to make similar judgements at some time in the future.

In the context of this Planning Scheme, the Council has expressed the principles of Ecologically Sustainable Development in its land use allocations, the Overarching Strategies, objectives and implementation criteria which support and interact with those land use allocations and by the range of Specific Strategies which implement the detail aspects of the Preferred Dominant Land Uses.

3.2 Statement of Intent

The desired overall, long term outcome of this Strategic Plan is as follows.

- To provide for the protection of the Plan Area's natural and cultural assets.

To promote Ecologically Sustainable Development.


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1 . To promote urban forms which minimise transport requirements and improve the efficiency of land supply and infrastructure provisions.

To promote housing which exhibits high amenity and harmony with the environment and reflects the diverse needs of the community.

To provide certainty to the development industry and the community through detailed and ongoing planning.

To reflect the State Government requirements expressed through the State Planning Policies and the Regional Planning process.

To reduce unnecessary delays in decision making.

To provide for the social, health and economic well-being of the residents of the Plan Area.

-

.

- -

. To recognise the important part the Plan Area provides to the well-being of the region and beyond.

- To work in unison with other providers of services to ensure complementary strategies and efficient use of resources.

To focus on the outcomes of the strategies and provide mechanisms for review when the outcomes are not desirable.


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4.0 PREFERRED DOMINANT LAND USES

4.1 INTRODUCTION

The Strategic Plan Map (Diagram A-I) indicates the following preferred dominant land uses within the Plan Area:

Rural Urban Conservation Rural Constrained Low Density Residential; and Urban Alternative

4.2 RURAL

Areas identified as within the Rural Preferred Dominant Land Use on the Strategic Plan Map include both good quality agricultural land, assigned cane land and marginal land. The extent of the marginal land is not known. Such land may be affected by constraints such as flooding, soil quality, the suitability for extractive industry, remoteness or other constraints rendering it unsuitable for urban development. The requirements found elsewhere in the Strategic Plan also may have a bearing on the suitability of the land.

Council when considering any development applications within the Rural Preferred Dominant Land Use shall require where relevant, the details of the land in terms of the requirements of the State Planning Policy 1/92 Development and the Conservation of Agricultural Land. It is intended that these areas generally will be retained in larger holdings and not be developed during the life of the Planning Scheme.

4.3 URBAN

Areas identified as the Urban Preferred Dominant Land Use on the Strategic Plan Map are those areas suitable for such urban uses as residential, industrial, commercial and the like. The spatial arrangement of these uses within the urban area is given further definition elsewhere in the Strategic Plan.

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While the majority of constrained land is excluded from the Urban Preferred Dominant Land Use, not all land identified as Urban will be suitable for this purpose. For this reason, Council when considering a development application shall require a detailed site analysis in terms of the requirements of this Strategic Plan.

4.4 CONSERVATION

Areas identified as the Conservation Preferred Dominant Land Use on Strategic Plan Diagrams A-I and A-2 are those areas which are predominantly Crown land, some of which may be in the trusteeship of Council. Inclusion under this designation should not be taken as precluding development of those lands in a way which maintains the City Image, is responsive to all environment constraints and is in accordance with the requirements of other parts of the Planning Scheme and of the relevant management authority.

All of those parts of the Plan Area included in this designation which are in the control of the Crown or the Council and under the managerial control of the Wet Tropics Management Authority or other similar management authority should be retained in their natural state or developed for recreation purposes consistent with the desired open space character of such areas and in a way which maintains the City Image.

4.5 RURAL CONSTRAINED LAND

Areas identified as the Rural Constrained Preferred Dominant Land Use on the Strategic Plan maps comprise areas that may be subject to the following:

[a] [b] high ecologicalllandscape value; [c] [d] . slope or stability problems.

flooding, storm surge, greenhouse effect;

risk from the Queerah explosive magazine; and

The accuracy of the boundaries will depend upon the particular data used to draw these boundaries. Some areas are defined in other parts of the Planning Scheme such as Development Control Plans and for the purpose of this Planning Scheme are correct. Other areas are less well- defined and may need to be verified from detailed site surveys. For this reason, Council when considering development applications for adjoining Preferred Dominant Land Uses, may redefine the boundary in response to fresh data collection subject to other parts of the Strategic Plan.


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Development within the Preferred Dominant Land Use is not expected to occur unless in accordance with the Strategic Plan, Development Control Plans or any other part of the Planning Scheme.

It is possible that some Rural Constrained land may include land suitable for industrial uses as in the case of land affected by the Queerah explosive magazine. The appropriateness of this land for industrial uses shall be assessed in accordance with the Strategic Plan, Development Control Plans or any other part of the Planning Scheme.

4.6 LOW DENSITY RESIDENTIAL

Areas identified as the Low Density Residential Preferred Dominant Land Use on the Strategic Plan Maps are appropriate for larger lot subdivisions and provide for residential living on allotments with a rural or semi-rural character and amenity, but with the provision of a limited range of services, infrastructure and access. These are permanent residential areas of a high standard of amenity and may include uses which in the opinion of Council do not detract from that amenity.

Council when considering development applications in these areas shall have regard to the matters outlined in the Planning Scheme and in particular the Housing Strategy 6.2, Objective 7 in the Strategic Plan and the subdivision controls in Part E.

4.7 URBAN ALTERNATIVE

The area designated as Urban Alternative on the Strategic Plan map has the potential to provide a new urban area close to the Cairns Central Business District. Amendments to the scheme to permit any development of this area will only be allowed when arrangements are in place to implement direct access across the inlet from the Urban Alternative area to Cairns City in an acceptable manner and all service infrastructure can be provided in an orderly and cost effective manner with no adverse impacts on Council’s budget provisions.


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5.0 STRATEGIES AND OBJECTIVES APPLICABLE TO ALL PREFERRED DOMINANT LAND USES

5.1 INTRODUCTION

The five Preferred Dominant Land Uses are supported and interact with the three Overarching Strategies and objectives. The Overarching Strategies are as follows:

Natural Resources: (Sub-section 5.2) City Image: (Sub-section 5.3) Economic Development: (Sub-section 5.4)

In relation to the objectives of each Overarching Strategy, implementation criteria have been prepared.

5.2 NATURAL RESOURCES

5.2.1 Natural Resources Objective 1 To produce an environmental strategy that

is both consistent with other management authorities where appropriate and able to reflect innovations or changing guidelines as they are developed.

lmplemenfa fion

[a] Council will have regard to further developments, constraints or guidelines that may occur as a result of the following documents or processes:

[i] The Environmental Protection Act 1994 and the Nature Conservation Act 1992;

[ii] Wet Tropics Plan and other management plans made under the Wet Tropics World Heritage Protection & Management Act 1993;

[iii] Regional Organisation of Councils Forum;

[iv] Outcomes of the Far North Queensland 2010 planning process;

[v] Trinity Inlet Management Plan and subsequent reviews;


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[vi] The Fisheries Act 1994

[vii] any Marine Park zoning plan or management plan;

[viii] Integrated Catchment Management Plans;

[ix] Landcare Australia; and,

[XI The Balance of the City of Cairns Strategic Plan and adjoining Councils' Strategic Plans.

[b] Council may adopt explanatory notes to the Natural Resources Strategy as a result of the documents and processes outlined in [a] above.

5.2.2 Natural Resources Objective 2 To fulfil Council's obligations as a

signatory to an agreement relating to the Trinity Inlet Management Plan.

Implementation

[a] It is Council's intention that the management principles detailed in the Trinity Inlet Management Plan shall be implemented in order to provide for the maintenance of Trinity Inlet as an ecologically viable and sustainable ecosystem.

Where development is proposed within the Plan Area which in Council's opinion conflicts with the management principles detailed in the Trinity Inlet Management Plan, Council may require applicants to prepare an Environmental Impact Statement for consideration with any application for development.

[b]

Terms of Reference for the Statement shall be provided by Council upon written request by an applicant. This requirement will be fully satisfied where an applicant is required to submit an Environmental Impact Statement pursuant to the Act.

Where Council considers, having regard to any impact statement submitted and other relevant material, that a proposal for development conflicts significantly with the intent of the Trinity Inlet Management Plan, Council shall refuse to approve the proposal.

[c]


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[d] Council may impose conditions upon any approval for development which Council considers necessary to prevent or alleviate any potential conflict between a development and the intent of the Trinity Inlet Management Plan.

5.2.3 Nature Based Conservation

5.2.3.1 Nature Based Conservation Objective 1 To conserve areas of ecological value and

of landscape significance within the Plan Area to protect biological diversity and maintain essential ecological processes and landscape integrity.

Implementation

[a] Council has identified on Conservation Strategy Diagram A-2 the majority of areas that have ecological value and/or landscape significance and which are generally in public ownership.

Other areas that have high ecological value andlor landscape significance that are generally in private ownership are generally identified as Rural Constrained on the Strategic Plan Diagram A-I. More detailed mapping of these areas is found in Council’s Natural Resources Register.

Council when assessing development applications shall have regard to the following documents:

[i]

[ii]

[b]

[c]

Development Control Plan - Hillslopes;

City Image Objectives (5.3) and Local Planning Policy - City Image;

[iii] Trinity Inlet Management Plan;

[iv] any integrated catchment management plan that may be developed in the future; and,

[v] Open Space Management Plans;


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[vi] Wet Tropics Plan and any other management plans under the Wet Tropics World Heritage Protection and Management Act 1993;

[vii] State and Regional Coastal Plans developed under the Coastal Protection and Management Act 1995;

[viii] Conservation and Management Plans developed under the Nature Conservation Act 1992; or

[ix] Council’s Natural Resource Register

[d] Council when considering a development application that includes areas of landscape significance or conservation value, shall by way of a condition of approval require its protection.

Council may in situations where development applications do not proceed to subdivision, allow the protection of these areas through such appropriate easements or appropriate caveat as may be capable of registration under the Land Title Act 1994 or by voluntary conservation agreements under the Nature Conservation Act 1992.

Where Council considers, having regard to information submitted, likely reasonable or relevant conditions and other relevant material, that a proposed development conflicts with the intent of this objective and the documents mentioned in [c] above, Council shall refuse to approve the application.

Council may impose conditions upon any approval which Council considers necessary to prevent or alleviate any conflict with the intent of this Planning Scheme or documents mentioned in [c] above. Conditions may be placed on both the construction and operational stage of the development.

Council will liaise with landowners whose land contains areas of ecological value and/or areas of landscape significance to develop strategies such as voluntary conservation agreements to ensure the continued protection of these areas and where necessary the enhancement of these areas.

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[g]

[h]


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5.2.3.2 Nature Based Conservation Obiective 2 To ensure that riverine areas are

maintained in their natural state or where this has been degraded, to ensure their rehabilitation and continued secondary purpose as wildlife corridors.

Implementation

[a1 Drainage Management Plans shall have as their primary aim the retention of the natural drainage lines by maintaining vegetation and ecological integrity.

[b] Council when assessing development applications shall require dedication of the drainage lines to Council at no cost to Council. Council may offset areas around creeks over and above those areas required for drainage purposes as part of open space contributions.

[c] Council, in conjunction with the Department of Primary Industries, Fisheries and Forestry, the relevant River Improvement Trust, the local landowners and the Trinity Inlet Management Program, will develop strategies to rehabilitate riverine forests to ensure creek stability and scenic value and enhance habitat viability.

5.2.3.3 0b.iective 3 To ensure that coastal areas are

maintained in their natural state or where there has been degradation to promote rehabilitation andlor use for open space and recreation purposes with appropriate management controls.

Implementation

[a] Council when assessing development applications shall have regard to the requirements of Hazards Objective 1 (refer Part A Section 6.7.1).

Where a proposed development abuts a coastal area and where no constructed road exists, Council may require a buffer dedicated to the Crown for beach protection and coastal management between the coastal foreshore and the development.

[b]


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I [c] The width of the buffer d a l l be determined having regard to the

following:

[i]

[ii] any Environment Impact Study;

[iii] protection of coastal habitats;

Iiv] protection of mangrove communities;

[v] dune vegetation;

[vi] beach and foreshore landscape character;

[vii] land stability and natural coastal regimes; and

[viii] provision of informal recreational pursuits.

[ix] any other Coastal Management Principles.

Council may offset the requirements of dedication of land as part of Open Space contributions.

Coastal Protection and Management Act 1996;

[d]

5.2.3.4 Nature Based Conservation Objective 4 To ensure the wetland margins and other

estuarine systems around Trinity Inlet are protected against negative impacts resulting from the surrounding agriculture and expanding urban development.

Implementation

[a] Council, on the Flood Strategy Diagram A-7, has identified areas within the Barron River delta that are not appropriate for urban development as a result of flooding.

Areas not identified on this diagram are also considered to be flood prone when:

[b]

[i]

[ii]

identified on a Drainage Management Plan, or;

lying below the 3.4m Australian Height Datum Contour


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[c] In addition to the requirements of 6.7.1 Hazards Objective l(b), development applications that are made for areas below the flood line and within the Trinity Inlet Catchment area shall provide the following information as part of the EIS:

[i]

[ii]

the existing edge of wetlands;

details of the likely impacts the land use would have upon the ecological sustainability of the wetland margin;

[iii] the extent of land available for land use expansion at margins in the event of seaboard rises due to the greenhouse effect.

Where Council considers, having regard to any impact statement submitted and other relevant material, that a proposal for development conflicts significantly with the intent of the Trinity Inlet Management Plan, Council may refuse to approve the proposal.

Council may impose conditions upon any approval for development which Council considers necessary to prevent or alleviate any potential conflict between a development and the intent of the Trinity Inlet Management Plan. Such conditions may be imposed on the construction and operational phase of the development.

Council, through the Water Quality Objective 1, will ensure that impacts on the receiving waters of Trinity Inlet from existing and proposed urbanisation will be minimised.

Strategies in this Strategic Plan, River Improvement Trust, Greening Australia and other initiatives will ensure impacts caused by agriculture will be minimised.

[d]

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[g]

5.2.4 Water Quality

5.2.4.1 Water Qualitv Objective 1 Regulate human impacts on the environment in order to protect the region's water bodies.

lmplemenfation

[a] Council when undertaking planning shall liaise with other organisations involved in integrated catchment management to ensure a consistent approach and strategy to water quality issues.


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[b] Council when considering a development application shall ensure the proposal exhibits the following:

[i] minimised changes to hydrology and drainage; [ii] minimised urban runoff impacts in order to maintain ecological

integrity (refer Drainage Strategy 6.6 of Part A); [iii] conserves riparian systems (refer Nature Based Conservation

Objective 2 of Part A); and [iv] does not adversely impact on groundwater and surface water

quality through point or diffuse discharge (Clauses [c] and [d] below).

Council in its assessment of the development application shall have regard to the Trinity Inlet Management Plan, Marine Park zoning plan, Marine Park management plan or any integrated catchment management plan adopted by Council, Fish Habitat Area Plans, Council’s Local Planning Policy - Erosion and Sediment Control Guidelines and water quality standards developed by the Department of Environment or its successor.

[c] Where Council considers, having regard to information submitted and other relevant material relating to the assessment to be made in [b] above, that the proposal conflicts with the Water Quality Objective, then Council may refuse to approve a development application or place such restrictions on the construction andlor operation of a development as necessary to ensure that it does not impact upon the water quality of the receiving waters.

Council may require, as one of the conditions mentioned in [c] above, the ongoing monitoring of the discharge and receiving waters. Such monitoring would be conducted in accordance with standards and procedures set out by the Department of Environment or relevant Australian Standards.

[d]

[el To control pollution by diffuse sources Council shall have regard to Drainage Strategy (6.6).

To control pollution from point sources Council shall have regard to the following:

[i] Services Strategy (6.5); [ii] Industry Strategy (6.10); and, [iii] Commercial Strategy (6.1 1).

[g

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5.2.5 Air Quality

5.2.5.1 Air Qualitv Obiective 1 Regulate human impacts on the environment in order to protect the region's air quality.

Implemen fa tion

[a] Council through the use of zones and buffers will continue to separate land uses which are not complementary to each other with regard to air quality.

[b] Council when considering a development application shall have regard to:

[i] the impact the development may have upon the air quality of the area, both during construction and operation phases; and

[ii] air quality guidelines developed by the Department of Environment or in their absence the relevant Australian Standards.

[c] Where Council considers, having regard to information submitted and other relevant material relating to the assessment to be made in [b] above, that the proposal conflicts with the Air Quality Objective, then Council may refuse to approve a development application or place such restrictions on the construction and/or operation of a development as necessary to ensure that it does not impact upon the air quality of the area.

Council may require as one of the conditions mentioned in [c] above, the ongoing monitoring of air quality. Such monitoring would be conducted in accordance with standards and procedures set out by the Department of Environment or relevant Australian Standards.

[d]


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5.2.6 Noise

5.2.6.1 Noise Objective 1 Regulate human activity in order to protect specified environmental values from the effects of noise.

Implementation

[a] Council through the use of zones and requirements for buffers will continue to separate land uses which are not complementary to each other with regard to the generation of noise.

Council when considering a development application shall have regard to:

[i]

[b]

the impact the development may have upon the existing or intended acoustic characteristics of the area during both the construction and operation phases;

the Development Control Plan for the Protection of Airport Installations where a development is within an area which is affected by the Cairns International Airport’s current or future operations;

the noise and visual amenity treatments and general acoustic controls developed and required by the Department of Transport and Main Roads;

[ii]

[iii]

[iv] Acoustic guidelines developed by the Department of Environment or in their absence the relevant Australian Standards.

[c] Where Council considers, having regard to information submitted and other relevant material relating to the assessment to be made in [b] above, that the proposal is likely to adversely impact upon the acoustic characteristics of the area, then Council may refuse to approve a development application or place such restrictions on the construction and/or operation of a development as necessary to alleviate noise concerns.


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[d] Council may require as one of the conditions mentioned in [c] above, the ongoing monitoring of the noise emissions. Such monitoring shall be conducted in accordance with standards and procedures set out by the Department of Environment or relevant Australian Standards.

5.2.7 Waste

5.2.7.1 Waste Objective 1 Adoption of waste minimisation strategies and appropriate waste management practices to protect the environment within the Plan Area.

Implementation

[a] Council in conjunction with surrounding Local Authorities will continue to investigate the feasibility of a regional land fill site that is sited in an environmentally acceptable location.

The design and operation of land fills will meet environmentally sustainable criteria and standards specified in the Environmental Protection Act.

Council will continue to develop strategies that promote waste minimisation such as recycling, composting, mulching and alternative packaging.

[b]

[c]

[d] Council will continue to investigate the location, design and construction of transfer stations to facilitate the efficient transfer of bulk refuse to a regional land fill site.



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5.2.8 Energy Conservation

5.2.8.1 Eneray Conservation Objective 1

Implementation

[a]

To promote more efficient use of energy.

Council will encourage energy efficiency in all aspects of building siting and design through Part E - Housing, Industry and Commercial

- Subdivision and Amalgamation of Land.

[b] Council, through the gradual introduction of Traffic Management Plans (TMPs as provided for in Part H - Local Area Management), will promote alternative travel means through the provision of extensive cycleways through new and existing urban areas.

Encourage, through higher densities and TMPs an environment more conducive to the provision of efficient public transport.

Ensuring that jobs and services are available close to residential areas to limit the need of vehicle movements without sacrificing residential amenity.

Encourage, through a strategy such as demand management, a reduction in the consumption of energy and resources.

[c]

[d]

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5.3 CITY IMAGE

5.3.1 Introduction

The City of Cairns comprises an extensive and diverse landscape so that the image of the Plan Area held by residents and visitors varies with their particular experiences. It is sought to retain and consolidate the major components of the valued landscape which form the distinctive City Image. These components include the following:

[a]

[b]

the mountains and ranges and their densely forested hillslopes;

the spur ridges from the western escarpment of the ranges which form narrow river valleys;


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[c] the long Mulgrave and Russell River Valleys, the Barron River Delta and the flat coastal plains with their canefields and contrasting winding riverine vegetation;

[d] the extensive forests over the wetlands on the coastal plains and the tidal mangrove forests;

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[g]

the coast of beaches, rugged headlands and tidal inlets;

the rural landscape such as canefields;

the townships, villages, buildings and boats.

5.3.2 City Image Objective 1 To identify, maintain and enhance elements which constitute and contribute to the City Image.

Implementa fion

[a] Council has identified the landscape components that contribute most significantly to the City Image as follows:

[i] Hillslopes and Forested Landscapes - City Image Objective 2;

[ii] Beaches and Headlands- City Image Objective 3;

[iii] Waterside - Inlets and Rivers - City Image Objective 4;

[iv] Rural Landscapes - City Image Objective 5;

[v]

Council has identified scenic units which by their combination of landscape components form a particular landscape setting. The Local Planning .Policy - City Image, contains the scenic quality objectives and management guidelines for these units and particular landscape settings.

Council has grouped together adjacent scenic units which form an identifiable landscape setting of a distinctive scale. These larger landscape settings and are identified on the City Image Strategy Diagram A-3.

Scenic Road Corridors - City Image Objective 6.

[b]

[c]

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[d] Council has identified important Scenic Routes which are frequently travelled by the residents of and visitors to the Plan Area. The views from these make a significant contribution to the City Image. The Scenic Routes have been identified on the City Image Strategy Diagram A-3.

Council has identified important Scenic View-points which are used frequently by residents of and visitors to the Plan Area. The views from these make a significant contribution to the City Image. The Scenic View-points have been identified on the City Image Strategy Diagram A-3.

Council when considering development applications which may have a visual impact upon the identified landscape components or views seen from identified Scenic Routes and Scenic View-points, shall have regard to City Image Objectives 2 to 7.

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5.3.3 City Image Objective 2 To maintain to the maximum extent, views to natural forested hillslopes and forest landscapes which contribute significantly to the City Image.

Implementation

[a] Council will protect or enhance the scenic qualities of the hillslopes landscape that are identified as:

[i] the natural skyline or ridgeline of the hillslope; [ii] the full vegetation cover of the higher and more visible

hillslopes; [iii] the vegetation cover and natural character of the lower and less

visible hillslopes.

[b] Council will ensure that any proposed development within the hillslopes is subsetvient to the surrounding landscape and unobtrusive when viewed from any Scenic Route or View-point.


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[c] Where Council considers, ‘having regard to information submitted and other relevant material relating to the assessment to be made in [b] above, that the proposal is likely to adversely impact upon the scenic quality of the area then Council may refuse to approve a development application or place such restrictions on the construction andlor operation of a development as to alleviate visual concerns.

[d] Development applications located within the hillslopes and considered by Council to potentially have a visual impact on the hillslopes and forested landscapes shall submit as part of that application a report which addresses the following:

[i] how the development meets the scenic quality objectives and guidelines for the relevant scenic unit identified in Council’s Local Planning Policy - City Image;

[ii] whether the proposal detracts from the scenic quality of the landscape when viewed from particular Scenic Routes;

[iii] whether the proposal detracts from the scenic quality of the landscape when viewed from particular Scenic View-points.

Council when assessing any development application may refuse to approve or require such modifications to the proposal to mitigate any loss of scenic quality if the proposal is likely to have a detrimental impact upon the scenic quality of the hillslopes.

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5.3.4 City image Objective 3 To maintain the scenic quality and minimal level of development of the beaches and headlands within the Plan Area.

Implementation

[a] Council will protect or enhance the significant qualities of the beach and foreshore landscapes that are identified as:

[i] the naturalness of the enclosing skyline or ridgelines as viewed from the beach and foreshore;

[ii] the naturalness of the vista of the headlands as seen from the beach and foreshore;

[iii] the particular character of the foreshore locality.

[b] Council will ensure that any proposed development along any beachfront or headland is subservient to the surrounding landscape and unobtrusive when viewed from the beach and foreshore or any distant viewpoints.

For development applications located within the beach and foreshore landscape and considered by Council to potentially have a visual impact on the beach and foreshore landscape the applicant shall submit as part of that application a report which addresses the following:

[i]

[c]

how the development meets the scenic quality objectives and guidelines for the relevant scenic unit identified in Council's Local Planning Policy - City Image;

whether the proposal detracts from the scenic quality of the landscape when viewed from particular Scenic Routes;

[ii]


Council, when assessing any development applications, may refuse to approve or require such modifications to the proposal as necessary to mitigate loss of scenic quality if the proposal is likely to have a detrimental impact upon the scenic quality of the beach or foreshore.

[d]


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5.3.5 City Image Objective 4 To maintain the views to the rivers, creeks, and estuary inlets which greatly enhance the scenic quality of the landscape and contribute to the City Image.

Implementation

[a] Council will ensure that any proposed development within areas adjacent to rivers, creeks and estuary inlets is subservient to the surrounding landscape, does not obscure public views of the waters, and is unobtrusive when viewed from any Scenic Route or View- points.

[b] Council will not support development applications for commercial developments on sites adjacent to arterial roads or State-controlled roads within areas adjacent to the Barron River delta, other rivers, creeks and estuary inlets, unless the site is located within an existing commercial area; within an identified commercial area or node; or on land currently zoned for the proposed use.

For development applications located adjacent to the rivers, creeks and estuary inlets and considered by Council to potentially have a visual impact on these landscapes the applicant shall submit as part of that application, a report which addresses the following:

[i]

[c]

the scenic quality objectives and guidelines for the relevant scenic unit identified in Council's Local Planning Policy - City Image;

the requirements of the Trinity Inlet Management Program's Visual Quality Control Guidelines if the proposal is located in the Trinity Inlet environs;

[iii] whether the proposal detracts from the scenic quality of the landscape when viewed from particular Scenic Routes; or

[ii]


CITY OF CAIRNS A-27

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[iv] whether the proposal detracts from the scenic quality of the landscape when viewed from particular Scenic View-points and/or the following:

Green Island, Fitzroy Island, Double Island, the Frankland Islands group; Outer reef boating routes; Deeral landing; or Cairns to Port Douglas boating routes.

[d] Council when assessing any development application may refuse to approve or require modifications to the proposal to mitigate loss of visual quality if the proposal is likely to have a detrimental impact upon the visual quality of the waterways.

5.3.6 City Image Objective 5 To maintain the rural landscape which forms an important component to the City Image.

Implemenfafion

[a] Council will protect and enhance the significant qualities of the rural landscape which are identified as follows:

[i]

[ii] riverine forests;

[iii]

remnant forest trees along roadsides;

isolated stands of large forest trees in agricultural or pastoral lands:

[iv] cane farming and its contribution to the continually changing landscape;

views of traditional farm houses and outbuildings; [v]

[vi] edge definition of townships.


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[b] State Planning Policy 1/92 outlines the State Government's commitment to protecting good quality agricultural land. Council will assess any applications to which State Planning Policy 1/92 applies taking into account the Policy Principles in order to protect good quality agricultural land and to retain the rural areas of the city and protect them from urban encroachment. In particular, rural areas adjacent to arterial roads or State-controlled roads will be protected from inappropriate forms of development such as isolated commercial development.

Council will ensure that any proposed development within the rural areas is subservient to the surrounding landscape and unobtrusive when viewed from any Scenic Route or View-points as shown on the Strategy Diagram A-3.

Council will not support development applications for commercial developments on sites adjacent to arterial toads or State-controlled roads within rural areas unless the site is located in an existing commercial area; within an identified commercial area or node; or on land currently zoned for the proposed use.

[c]

[d]

[el For development applications located within rural areas and considered by Council to potentially have a visual impact on the landscape the applicant shall submit as part of that application a report which addresses the following:

[i] the scenic quality objectives and guidelines for the relevant scenic unit identified and in Council's Local Planning Policy - City Image.

whether the proposal detracts from the scenic quality of the landscape when viewed from particular Scenic Routes;


Council, when assessing any development applications, may refuse to approve or require such modifications to the proposal as necessary to mitigate loss of visual quality if the proposal is likely to have a detrimental impact upon the visual quality of the rural areas.

[ii]

[fl


CITY OF CAIRNS A-29

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5.3.7 City Image Objective 6 To manage the scenic quality and extent of the natural and rural landscapes seen along the road corridors.

Implementation

[a] Council shall ensure:

[i] roadside planting and buffer areas do not screen or substantially intrude on views of scenic features or landscapes that contribute to the City Image.

[ii] roadside signs meet the following scenic quality criteria:-

. signs are not located where they will obscure or intrude on scenic views from significant viewpoints along major roads,

signs are sized so that they do not visually intrude on the views of the landscape or approaches to urban areas,

the number and frequency of signs along major roads and scenic routes in the Plan Area does not contribute to a loss of scenic quality of views of the landscape.

.

.

[b] Council will not support development applications for commercial developments on sites adjacent to arterial roads or State-controlled roads within rural areas unless the site is located in an existing commercial area; within an identified commercial area or node; or on land currently zoned for the proposed use.

Council will not support development applications for commercial developments on sites adjacent to a Major Tourist Route designated on the Tourism Strategy Diagram A-4 in order to maintain natural landscape qualities or rural landscape qualities unless the site is located within an existing commercial area; within an identified commercial area or node; or on land currently zoned for the proposed use.

[c]


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5.3.8 City image Objective 7 To maintain and enhance the distinct landscape and streetscape character of the small towns and districts and their visual distinction from the surrounding landscape which highlights their identity.

Implementation

[a] Council in its planning and consideration of development applications shall undertake to:

[i] Protect town identity and to manage town edges and approaches as outlined in Local Planning Policy - City Image and any community area based planning that exists for the locality;

Maintain scenic district identity, enhance scenic district edges, approaches and distinct landscape character as outlined in the Local Planning Policy - City Image and any community area based planning that may exist for the locality.

Preserve cultural heritage places such as significant buildings and cultural landscapes.

refuse development applications which will result in commercial development outside existing commercial areas or outside identified commercial areas or nodes.

[ii]

[iii]

[Iv]

5.4 ECONOMIC DEVELOPMENT

Tourism and agriculture (specifically sugarcane farming) are responsible for the majority of wealth generated in the City of Cairns. For this reason, and the fact that these two industries are so much a part of the fabric of the everyday life in the region, specific objectives and implementation criteria for tourism and agriculture are provided below. However, other industries or employment generators are essential if the area is to broaden its economic base and attempt to protect itself against external forces to which tourism and agriculture are so indelibly linked. While individual industries such as manufacturing and construction are not specifically dealt with in separate sections they are considered in a general way under the heading of Other Economic Sectors (5.4.3).



1

5.4.1 Tourism

5.4.1.1 Tourism Objective 1 To identify land appropriate for tourism development and to provide for the many and varied activities required by modern tourism.

.

lmplemenfation

[a] The Tourism Strategy Diagram A-4 provides the mechanism for identifying land appropriate for future large scale tourist development along with existing developments and major tourism routes. Sites identified may exhibit features on part of the site which may limit the extent of development. These features shall be identified and assessed at the development application stage.

[b] Council shall not approve development applications for tourism development outside of this area unless it is in accordance with the Strategic Plan or there are sufficient planning grounds to justify approving the application despite the conflict (Refer Section 1 .O).

[c] Council has introduced the Tourism Development Area (TDA) designation in the Regulatory Maps to indicate areas that are zoned or likely to be zoned Residential 2 (R2), Residential 3 (R3) or Special Facilities which may be appropriate for an expanded number of developments under the Table of Zones ,to cater for the tourist population. Council may amend the Regulatory Maps from time to time to include additional tourist sites where such a course of action is appropriate in all the circumstances applying at the time but provided always that development complies with this Strategic Plan.

5.4.1.2 Tourism Obiective 2 To preserve those qualities within the Plan Area which provide the source of attraction to visitors.

Implementafion

[a] Council when assessing development applications shall have regard to the requirements of:

[i] Natural Resources (5.2) [ii] City Image (5.3) [iii] Heritage Strategy (6.9) [iv] Development Control Plan - Hillslopes


CITY OF CAIRNS A-32

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5.4.1.3 To ensure that tourist traffic does not interfere with sensitive land uses.

Implementation

[a] Council when assessing development applications for tourist developments shall have regard to Traffic and Transport Objective 4 (6.3.4).

[bl Council when assessing development applications for tourism uses shall have regard to the amenity of the area.

[c] Council shall not approve development applications for tourist purposes which are likely to adversely impact upon existing and future residential areas.

5.4.1.4 Tourism Objective 4 To provide a greater diversity of accommodation types and facilities by exposing the wider community to opportunities available within the tourism industry.

Implementation

[a] By allowing tourist accommodation or facilities in appropriate locations which fit with one or more of the following themes:

[i] resorts based on visiting and appreciating the natural environment:

[ii] host farm:

[iii] bed and breakfast accommodation:

[iv] themed attractions based on rural activities or the natural environment: and,

[v] outdoor recreation activities.



1

[b] Council when considering development applications for such uses shall have particular regard to the following:

[i] Agriculture Objective 3; and

[ii] Housing Objective 5

[iii] Tourism Objective 3.

5.4.1.5 Tourism Obiective 5 To encourage and facilitate the establishment of themes for tourism precincts to ensure co-ordination between public and private investment.

Implementation

[a] Council has developed a Tourism Management Team, to facilitate the development of Management Plans for Tourism Precincts or areas under pressure from tourism visitations. The Management Plans will be characterised by the following:

[i] extensive local community, development industry and government consultation:

the development of a theme for the area; [ii]

[iii] co-ordination between public and private investment with regard to streetscape; street furniture and signage;

[iv] guidance for architecture styles and format; and,

[v] a management and maintenance regime for the locality.

5.4.1.6 Tourism Objective 6 To ensure co-ordination between all tourism service providers and Council.

Implementation

[a] Council has developed a Tourism Management Team to provide advice to Council on the following matters:

[i] the implementation of the Cairns Region Tourism Strategy as it relates to Council; and,


CITY OF CAIRNS A-34

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[ii] the continued dialogue between the Tourism Management Team and the Tourism Consultative Forum established by the Cairns Region Tourism Strategy.

5.4.1.7 To ensure that the built form of tourist development is compatible with its setting and the surrounding locality

Implementation

[a] Council when considering development applications for tourism purposes shall have regard to, inter aha, the following matters:

[il the provisions of Parts C and D of the planning scheme that relate to building height;

the likely impact of built form of the development upon the landscape in the locality and upon the regional landscape:

the extent of any shadows likely to be cast by the development;

the likely effect of the development upon the amenity of adjoining land by way of excessive height and bulk of the building, loss of privacy, the flow of air and breezes, noise impacts and nature and scale of activities conducted.

[ii]

[iii]

[iv]

[VI the ability of proposed landscaping to provide an appropriate interface between the building and the surrounding locality. In this regard, Council requires the submission of a landscape plan for the development andlor provision of additional landscaping. Landscaping shall be provided to achieve:

- the protection and enhancement of the privacy of adjoining allotments;

- the retention of the existing tree canopy or significant stands or species of vegetation through the selective clearing of the site;



- the provisiAn of adequate shade for pedestrians within the site with the extension of such shade upon road reserve footpaths being desirable;

- the development of an appropriately landscaped environment within the site;

- the minimisation and revegetation of any scarring caused by earthworks.

[vi] the volume of traffic that will be generated during construction and operation phase and the capacity of the road network to support the volume of traffic; and

the level of impacts upon the natural environment and measures proposed to minimise or negate such impacts.

[vii]

5.4.2 Agriculture

5.4.2.1 To conserve good quality agricultural land in the Plan Area.

lmplemen tation

[a] Areas of good quality agricultural land are included within the Rural Preferred Dominant Land Use on the Strategic Plan Diagram A-I. These areas will be conserved by their inclusion within the Rural zone in the Planning Scheme.

[b] Council will not approve applications for urban development outside the Urban designation on the Strategic Plan Map unless it is in accordance with the Strategic Plan or there are sufficient planning grounds to justify approving the application despite the conflict (Refer Section 1 .O).



[c] When considering develophent applications for uses which may prove likely to be incompatible with, or have a detrimental impact on the conduct of agricultural activities, Council may require the provision of appropriate buffer areas between those uses and areas of good quality agricultural land. Council shall have regard to any State Planning Policy or guidelines in assessing the buffer requirements.

5.4.2.2 Agriculture Obiective 2 To prevent fragmentation of good quality agricultural land.

Implementation

[a] Council shall not approve any rezoning of land zoned Rural to a zone in which a lower minimum allotment area is permitted, other than in accordance with the Strategic Plan.

Council will encourage the amalgamation of land titles in the Rural zone by waiving application fees to amalgamate land.

[b]

5.4.2.3 Aariculture Objective 3 To increase employment and income opportunities in rural areas within the Plan Area.

Implementation

[a] Council recognises there are various opportunities throughout the Plan Area for the establishment of facilities in association with traditional rural land uses. The permitted and permissible uses in the Rural zone under the Planning Scheme provide for the development of appropriate support facilities in rural areas.

Council recognises the importance played by tourism in providing employment and income opportunities. Council in assessing a development application shall have regard to Tourism Objective 4 and Part D Section 3.4 Host Farm.

Council will be encouraged to favourably consider development applications where they exhibit the following:

[b]

[c]



1

[i] siting on poor quality agricultural land as determined by the State Planning Policy Guidelines: The Identification of Good Quality Agricultural Land;

[ii] adequate access and services;

[iii] compatibility with City Image (refer Part A Section 5.3); and

[iv] a nature and scale that is in Council’s opinion compatible with to surrounding agricultural or other rural land uses.

[d] Where Council considers, having regard to the matters outlined in [c] above and other relevant material, that a proposed development is likely to conflict with the State Planning Policy 1/92 Development and the Conservation of Agricultural Land or the intent of the Rural zone, Council shall refuse to approve the development application.

Council may impose conditions upon any approval for development which Council considers necessary to prevent or alleviate any potential conflict between a development and the conservation of good quality agricultural land or the intent of the Rural zone. Conditions may include separation distances as described in the Planning Guidelines: Separation of Agricultural and Urban Uses.

[el

5.4.2.4 Aariculture Objective 4 To provide family and farm worker accommodation.

Implementation

[a] Council shall not approve applications for subdivision of land for family members or farm workers where any lot created will be less than 40 hectares.

Council may permit the erection of more than one farm dwelling house on a rural allotment where it can be shown that the additional farm dwelling house/@) are required in terms of the day to day operations of the farm and the income of the farm is sufficient to provide a livelihood for the occupants of the dwellings on the farm.

The location of these dwellings shall exhibit the following:

[i] siting on poor quality land wherever feasible;

[ii] adequate access;

[b]

[c]

PLANNING SCHEME FOR THE BALANCE OFTHE CITY OF CAIRNS

CITY OF CAIRNS A-38

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[iii] adequate services;

[iv] compatibility with City Image (5.3); and

[v] compatibility to surrounding agricultural land uses.

[d] Where Council considers, having regard to the matters outlined in [c] above and other relevant material, that a proposed development is likely to conflict with the State Planning Policy 1/92 Development and the Conservation of Agricultural Land or the intent of the Rural zone, Council shall refuse to approve the development application.

Council may impose conditions upon any approval for development which Council considers necessary to prevent or alleviate any potential conflict between a development and the conservation of good quality agricultural land or the intent of the Rural zone.

If the land is less than the minimum allotment size or not able to be further subdivided by virtue of the provisions of Table E-I of Part E applying to the zone, then the existing rural holding comprising the farm dwelling is not to be further subdivided.

[el

[fl

5.4.3 Other Economic Sectors

5.4.3.1 Other Economic Sectors Objective 1 To facilitate the expansion of the

economic base of the Plan Area to improve employment opportunities and safeguard against adverse fluctuation of the Plan Area’s main wealth generators.

Implementation

[a1 Council will support a Regional Economic Strategy developed through the Regional Planning Advisory Group.

Council has ensured through its Commercial (6.1 1) and Industry (6.70) Strategies the following:-

[i]

[bl

that adequate land capable of being serviced is available to meet the expected demand for commercial and industrial development within the Plan Area;


CITY.0F CAIRNS A-3 9

[ii] that design and biting requirements for commercial and industrial developments are appropriate to facilitate development which ensure the amenity of the location is not compromised;

[iii] that the availability of zoned land in the city to cater for industrial or commercial development is to be considered in assessing development applications.

5.4.3.2 To reduce the uncertainty that exists with regard to investment by providing sufficient information on the cost of developing in certain locations within the Plan Area.

Implementation

[a1 Council has developed comprehensive planning documents to ensure that potential investors in the Plan Area can quickly establish the merits of particular parcels of land. This has been achieved through the following initiatives:

[i] the production of a Development Manual which sets out Council's requirements for lodgement of applications and Council's standards and specifications for developments;

[ii] Part H of this Planning Scheme sets out Council Contributions for Traffic, Drainage and Open Space in certain locations and where these studies have not been undertaken the procedure to be taken to establish these costs;

[iii] the preparation of a Local Planning Policy for Water and Sewerage which sets out the contributions in specific locations for these headworks.


CITY OF CAIRNS A40

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5.4.3.3 Other Economic Sectors Objective 3 To provide, protect and enhance

communication links that are vital for the safe and efficient transport of people, goods and services.

lmplemen tation

[a1 Council, through the Protection of Airport Installations Development Control Plan (refer Part B), will ensure that the function of Cairns Airport and associated air navigation installations are not compromised by developments that may adversely impact on their safe and efficient operation.

Council, through its close liaison with the Queensland Department of Transport and Main Roads, has developed Traffic Management Plans which will ensure, amongst other things, more efficient use of State controlled roads.

[bl

5.4.3.4 Other Economic Sectors Obiective 4 To ensure developments do not impact in

an adverse manner upon each other or the natural and cultural resources of the area.

lmplementa tion

[a1 Council when considering development applications for commercial and industrial developments shall have regard to the following:

[i] Natural Resources Objectives (5.2) [ii] City Image Objectives (5.3) [iii] Traffic & Transport Strategy (6.3) [ivl Services Strategy (6.5) [v] Drainage Strategy (6.6) [vi] Hazards Strategy (6.7) [vii] Industry Strategy (6.10) [viii] Commercial Strategy (6.1 1)



1

[b] Where Council considers, having regard to the matters listed in [a] above that a proposed development conflicts with the intent of these matters it shall refuse to approve the development application and that conflict cannot be mitigated by modification of the development and/or the imposition of reasonable and relevant conditions cannot overcome the conflict.

[c] Council may impose conditions upon any approval which Council considers necessary to prevent or alleviate any conflict with the intent of this Planning Scheme or the matters listed in [a] above. Such conditions may be placed on both the construction and operational stage of the development.


CITY OF CAIRNS A-42

6.0 SPECIFIC STRATEGIES

6.1 INTRODUCTION

Objectives and implementation criteria have been prepared in relation to the following strategies:

Housing Strategy (6.2) Traffic and Transport Strategy (6.3) Recreation Strategy (6.4) Services Strategy (6.5) Drainage Strategy (6.6) Hazards Strategy (6.7) Extractive Industries Strategy (6.8) Heritage Strategy (6.9) Industry Strategy (6.10) Commercial Strategy (6.1 1)

6.2 HOUSING STRATEGY

6.2.1 Housing Objective 1 To identify broad hectare land appropriate for residential housing and higher density residential development.

Implementation

[a] Council has identified land appropriate for residential housing for the life of this Strategic Plan on the Urban Residential Housing Strategy Diagram A-5.

[b] Council has identified indicative locations for higher density residential development. The indicative locations on the Urban Residential Housing Strategy Diagram is one means of determining the appropriateness of a site or locality for higher density residential, the other is an assessment made in accordance with Housing Objective 2.

[c] Council shall not approve development applications for residential housing outside of this area unless it is in accordance with the Strategic Plan or there are sufficient planning grounds to justify approving the application despite the conflict (Refer Section 1 .O).


CITY OF CAIRNS A-43

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6.2.2 Housing Objective 2

To provide residential areas that encourage community design through neighbourhood focal points, and special character and identity.

To facilitate an ecologically sustainable approach to urban development by minimising fossil fuel use, protecting environmental assets, and providing for higher densities.

To provide a movement network which establishes good internal and external access for residents, maximises safety, encourages public transport patronage and minimises the impact of through traffic.

To develop a wider choice in housing in terms of form, size and affordability to meet the needs of residents and visitors.

To provide a public open space network, including appropriate land for recreation, that can meet the diverse needs of today's residents and be adapted to the needs of future users.

To ensure that the design of residential areas takes into account environmental constraints including soil erosion, flooding and bushfire risk.

To prevent the further unnecessary intrusion of high density forms of residential development (e.g. flats, units, townhouses, for either permanent and/or holiday letting as well as motels and accommodation units) in areas zoned and predominantly used for single lot housing.

Implementation

[a] Council has established a desirable population density of 10-12 dwellings per hectare in the new residential areas of the Plan Area.

Council, when planning for infrastructure for all new residential areas, will ensure infrastructure is capable of servicing the expected population.

[b]


CITY OF CAIRNS A 4 4

[c] Council, when assessing a development application within those areas identified in the Urban Residential Housing Strategy Diagram, shall have regard to the matters outlined in:

[i] Natural Resources (5.2); [ii] City Image (5.3); [iii] [iv] Recreation Strategy (6.4); [v] Services Strategy (6.5); [vi] Drainage Strategy (6.6); [vii] Hazards Strategy (6.7); [viii] Extractive Industries Strategy (6.8); [ix] Part E Housing, Industry and Commercial Subdivision and

[XI any relevant Transport, Open Space and Drainage

Traffic and Transport Strategy (6.3),

Amalgamation of Land; and

Management Plan.

[d] Council may require the production of an outline development plan for residential subdivisions in accordance with Part E Provision 3.1 2, Community Design where:

[i] the proposal is considered to be a Neighbourhood or District level development in accordance with Part E Provision 3.1.1, or,

such a plan is deemed to be necessary by Council in assessing the proposal.

[ii]

[el Council when considering development applications for integrated development and multiple dwellings within the R2 zone shall have regard to the following matters:

[i] whether the proposal is within reasonable walking distance to good public transport;

whether the proposal is within reasonable walking distance of shopping and community facilities;

[iii] whether the site poses limitations on increasing densities due to vegetation retention, physical constraints and servicing inadequacies;

[ii]

PLANNING SCHEME FOR THE BALANCE OF THE C l N OF CAIRNS

C I N OF CAIRNS A-45

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[iv] Design Elements 1 to 9 in Part D Section 2 Multiple Dwellings and Integrated Development.

[q Council when considering development applications for higher density residential development, within the R3 zone shall have regard to the following matters:

[i] [c] above;

[ii] whether the proposal is within reasonable walking distance to good public transport;

whether the proposal is within reasonable walking distance of shopping and community facilities;

[iii]

[iv] whether the site poses limitations on increasing densities due to vegetation retention, physical constrains and servicing inadequacies;

Design Elements 1 to 9 in Part D Section 2 Multiple Dwellings and Integrated Development.

[v]

[g] Where Council considers, having regard to the information submitted, likely reasonable or relevant conditions and other relevant material, that a proposed development conflicts with this objective or the Planning Scheme, Council shall refuse to approve the application.

[h] Council may impose such conditions upon any approval which Council considers necessary to prevent or alleviate any conflicts with this objective or the Planning Scheme. Such conditions may be placed on both the construction and operational stage of the development.


CITY OF CAIRNS A-46

, 6.2.3 Housing Objective 3 To provide for community expectations in

existing residential areas.

lmplemenfafion

[a] Council has introduced the R1 zone into the Planning Scheme. The intent of the Residential ‘I zone is to allow for residential development predominantly in the form of single detached dwellings. Council may by consent allow for some higher density housing, however, this will be limited to small scale tenements and dual occupancy.

6.2.4 Housing Objective 4 To promote best practice in the residential development approval process.

Implementation

[a] Council recognises the importance of a speedy, cost effective and quality assessment of development applications and will endeavour to provide the climate for this by:

[i] providing comprehensive documentation of Council’s requirements;

[ii] reviewing, monitoring and improving the application processing in Council;

[iii] the introduction of self certification based on third party accreditation of Quality Management Systems: and

[iv] regular training and staff improvement.

6.2.5 Housing Objective 5 To allow employment opportunities within residential areas that do not cause any unacceptable impacts on the environment or the amenity of the surrounding area.

Implementation

[a] To facilitate home-based employment Council has established two types of home - based employment - Home Activity and Home Occupation. The Table of Zones establishes whether development applications are required or not.



1

[b] Council sees benefits in allowing small scale tourist accommodation within residential areas. To facilitate this, Council has developed guidelines in Part D Section 3.2 of the Planning Scheme for Bed & Breakfast Accommodation.

6.2.6 Housing Objective 6 To ensure that essential non-residential intrusions in the residential area do not impact upon the nearby residences.

Implementation

[a] Essential non-residential intrusions into residential areas should be located together, and designed in such a way as to reduce their impact on the amenity of nearby residences (see Figure A-2).

Other than in exceptional circumstances, facilities such as indoor sport centres, professional services, service stations, child care centres and place of worship shall be located in association with commercialllocal shopping facilities, or established non-residential areas.

[b]

6.2.7 Housing Objective 7 To ensure an adequate supply of urban designated land is available to cater for future population growth taking into consideration the State Planning Policy 1/92 : Development and Conservation of Agricultural Land.

Implementation

[a] Council recognises the constraint placed on the urban expansion of the Plan Area by the State Planning Policy 1/92 : Development and the Conservation of Agricultural Land.

Council recognises that eventually a new urban growth corridor will be required. An option for urban expansion is shown on the Urban Residential Housing Strategy Diagram as a potential growth corridor.

Council recognises the broad options for urban expansion will be evaluated through the FNQ 2010 Regional Planning Process which will identify a preferred settlement pattern for the region including preferred directions for expansion of the Cairns urban area.

[b]

[c]



[d] Council will provide reasonable assistance to the State Government in assessing the potential growth corridors contained within its boundaries.

[el Council will monitor the development and uptake rate of housing within the existing growth corridor to ensure there is a sufficient supply of land for urban development.

Low density residential forms of development shall only be approved in areas that are included in the Low Density Residential Preferred Dominant Land Use on the Strategic Plan Map.

[fl

6.2.8 Housing Objective 8 To recognise that land east of the Trinity Inlet has the physical characteristics suitable for urban development and would be suitable for development for various urban and tourist projects if environmental constraints can be addressed adequately and the present lack of urban infrastructure can be overcome.

Implementation

(a) Council will only favourably consider large development projects that are capable of providing, as a cost to the project, all the infrastructure necessary to support the whole project. This shall include:

(i) bulk water supply including the provision of an augmentation of raw water storage, intake and intake main, treatment plant, clear water storage, ground storage reservoirs, trunk mains, pumping stations, rising mains and elevated or service storage. Where these works shall be provided in stages each stage shall be capable of serving an urban area with a population of not less than 10,000 persons;

(ii) a scheme for the collection, conveyance, treating and disposal of sewage including reticulation, trunk mains, pumping stations, pressure mains, the treatment plant, outfall main, outfall and sludge disposal. If these works are to be provided in stages the size of the stage shall be determined by the manager Engineering Services except that the treatment plant and outfall shall have stages that serve not less than 5000 equivalent persons; and


I CITY OF CAIRNS A-49

(iii) proper and adequate 'bridge access to connect the Urban Alternative area provided on an alignment agreed to by Council and the Department of Transport and Main Roads. Such assessment would be based on the following:-

* The need to ensure that any chosen bridge structure is as unobtrusive as possible and the natural image of the inlet and its surrounds is not unduly altered.

The need to minimise the distance between the City and the Urban Alternative designation.

The need to be consistent with the objectives of Trinity Inlet Management Program.

Any other matter considered to be relevant.

(iv) Development within the Urban Alternative area is dependent on the provision of adequate vehicular access to the area. No development approvals will be granted until arrangements are in place to the satisfaction of Council and the Department of Transport and Main Roads for the funding, design and construction and/or upgrading of an appropriate bridge access across Trinity Inlet.

Approval for development shall be conditional upon:

- the commencement of the construction and upgrading (if necessary) of the bridge access; and

- arrangement being in place to have the bridge access completed before the traffic on Yarrabah Road exceeds 5000 vehicles per day or two years from the commencement of construction of the access whichever is sooner.



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6.2.9 Housing Objective 9 To protect the visual quality of Trinity Inlet when viewed from places of tourism interest in Cairns City.

Implemenfafion

(a) No development will be approved that requires the removal of mangroves or other vegetation within 400m of the landward side of the mean high water mark of the Inlet between Bessie Point and a structure referred to as the "bark hut" and 200m from the edge of the Inlet in other locations except where the removal of those mangroves is necessary to provide navigable access to development beyond the edge of the Inlet and such removal of mangroves reveals views only to other mangrove communities.

No multi-storey development with an overall height of more than 7.5 m above ground level will be approved on the eastern side of Trinity Inlet unless it can be demonstrated to Council's satisfaction that no part of it will be visible when viewed from a point not higher than 5 m AHD on the western side of Trinity Inlet.

(b)

6.2.10 Housing Objective 10 To maintain the integrity and function of the Cairns CBD and surrounding area

Implementation

(a) While retail and commercial development will be permitted in the Urban Alternative area, it shall be limited to a scale and function consistent with the level of service necessary to provide lower and medium order services to the local population, as well as retail and entertainment facilities consistent with the scale of tourist development in the locality.

(b) While some industrial and trade areas are known to be necessary for the service and convenience of the local population it is not considered that substantial areas of Industry zoning are necessary nor any heavy industry activities.

No port related industries or activities will be permitted fronting Trinity Inlet. Where such activities are found to be necessary they will be constructed clear of mangrove and wetland areas on or adjacent to man-made basins or canals.

(c)



6.3 TRAFFIC and TRANSPORT STRATEGY

6.3.1 Traffic and Transport Objective 1 To promote the development of a road

network that will serve both the local and regional needs of the Plan Area.

Implementation

[a] Council has identified the regional transport network on the Traffic and Transport Strategy Diagram A-6. This diagram generally identifies the following:

[i] highways; [ii] State-controlled roads; [iii] sub-arterial roads; [iv] possible inter-suburban links; [v] Department of Transport and Main Roads short to medium-term

b y-passes; [vi] future major intersections; [vii] possible medium to long-term transport corridors; [viii] possible public transport routes; and [ix] railways.

[b] Part H (Section 2.0) of this Planning Scheme develops Traffic Management Plans (TMPs) for individual catchment areas. The cost of the overall strategy for each catchment area has been calculated on a per allotment basis.

[c] Developments within a particular TMP area shall contribute in accordance with Part H Sub-section 2.4 of this Planning Scheme.

[d] An applicant for development of an area not contained within an existing TMP area shall, subject to any approval, produce a TMP in accordance with Council's generic brief contained in Part H Section 2.0 Traffic Management. The cost of the study shall be offset by the required contribution for the particular development.

PLANNING SCHEME FOR THE BALANCE OF THE C I N OF CAIRNS

CITY OF CAIRNS A-52

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[el Council has developed a Traffic and Transport Management Team whose function is to provide traffic and transport advice to Council with regard to the following:

[i] community demand; [ii] [iii] capital works/staging.

Access to State Controlled roads shall be via nominated major intersection points. Council may consider other arrangements where it can be demonstrated the proposal would not compromise the efficiency of the road or its level of safety and the Department of Transport and Main Roads is agreeable to the solution.

Council has designed its subdivision controls on roads based on the philosophy of AMCORD and Queensland Streets.

Council will work with the Queensland Department of Transport and Main Roads in assuring the connectivity between local road networks and the regional road network.

development of plans for specific areas; and

[q

[g] \

[h]

[i] Extractive industry haul routes are identified on Strategy Diagram A- 8 and tourist routes are identified on Strategy Diagram A-4.

6.3.2 Traffic and Transport Objective 2 To reduce private vehicle use.

Implementation

[a] Council has developed a housing strategy which will support increased densities which are conducive to increasing the viability of public transport.

Council will promote the grouping together of commercial activities into business centres of an appropriate scale for the locality.

[b]

[c] Council may allow some limited commercial activities within residential areas where the activity does not impact upon the residential amenity.


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[d] Council will allow some limited home-based employment opportunities in residential areas that do not impact significantly on residential amenity.

6.3.3 Traffic and Transport Objective 3 To provide for pedestrian and bicycle

ways to connect residential precincts to other localities.

Implementation

[a] Strategies have been developed for pedestrian and bicycle ways in Traffic Management Plans for residential areas.

[b] New residential developments shall be required to provide or contribute to any existing or planned pedestrian or bicycle network for the locality. Such works or contributions shall be undertaken in accordance with the Traffic Management Plan for that area.

6.3.4 Traffic and Transport Objective 4 To ensure adequate access to non-

residential areas.

Implementation

[a] Council when considering a development application which is likely to generate large traffic movements or heavy vehicle movements or vehicle movements out of sequence with normal traffic shall have regard to the following:

[i] the location of the site in context with the local and regional road networks;

[ii] the likely impacts the proposal would have on the road networks:

[iii] likely impacts the traffic will have upon the amenity of existing or intended land uses;

[iv] the safety and convenience of road users; and

[v] whether there is a high degree of accessibility with minimal movements of traffic along residential streets.


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[b] Where Council considers, having regard to information submitted, likely reasonable or relevant conditions and other relevant material that a proposed development conflicts with the matters mentioned in [a] above, Council shall refuse to approve the application.

[c] Council may impose conditions upon any approval which Council considers necessary to prevent or alleviate any conflict with matters raised in [a] above. Such conditions may be placed on both the construction and operational stage of the development.

6.4 RECREATION STRATEGY

6.4.1 Recreation Objective I To ensure sufficient provision is made for the acquisition and development of recreational opportunities in the Plan Area.

Implementation

[a] Part H (Section 4.0) of this Planning Scheme develops Open Space Management Plans (OSMP) for individual areas. The cost of the overall strategy for each area has been calculated on a per allotment basis.

Developments within a particular OSMP area shall contribute in accordance with Part H Sub-section 4.4 and that contribution may consist of a monetary or land contribution or a contribution of both depending upon the circumstances.

Any moneys collected in accordance with the OSMP shall be spent in accordance with the OSMP development programme.

An applicant for development of an area not contained within an existing OSMP area shall, subject to any approval, produce an OSMP in accordance with Council's generic brief contained in Part H Section 4.0 Open Space Management. The cost of the study shall be offset by the required contribution for the particular development.

[b]

[c]

[d]


1

6.4.2 Recreation Objective 2 To ensure sufficient provision is made for the management of recreational opportunities in the Plan Area.

Implementation

[a] Council has developed an Open Space Management Team whose function is to provide open space advice to Council with regard to the following:

[i] community demand; [ii] [iii] capital works; and [iv] maintenance.

development of plans for specific areas;

6.5 SERVICES STRATEGY

6.5.1 Service Objective 1 To ensure that urban areas are provided with the appropriate level of physical infrastructure.

Implementation

[a] Areas identified as Urban on the Strategic Plan Map are areas which are physically and environmentally capable of being provided with reticulated water supply, sewerage, electricity and telecommunications services. All urban development in these areas are required to provide a full range of these services.

Council Local Planning Policy - Water and Sewerage is based on individual catchment areas. The cost of the overall strategy for each catchment area has been calculated on either a per allotment or area basis depending upon the land use.

[b]

[c] A development within a particular water supply or sewerage district shall contribute in accordance with Local Planning Policy - Water and Sewerage.


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[d] Council has developed a Services Management Team, whose function is to provide advice to Council on service issues with regard to the following:

[i] community demand; [ii] [iii] capital works; [iv] environmental considerations; and [v] maintenance.

development of strategies for specific areas;

6.6 DRAINAGE STRATEGY

6.6.1 Drainage Objective 1 To collect and convey stormwater from a catchment to its receiving waters with minimal nuisance, danger or damage and at a development and environmental cost which is acceptable to the community as a whole.

Implementation

[a] Part H Section 3.0 of this Planning Scheme develops Drainage Management Plans (DMP) for individual catchment areas. The cost of the overall strategy for each catchment area has been calculated on a per allotment basis.

Developments within a particular DMP area shall contribute in accordance with Part H Sub-section 3.4, of this Planning Scheme.

An applicant for development of an area not contained within an existing DMP shall, subject to any approval, produce a DMP in accordance with Council's generic brief contained in Part H Section 3.0 Drainage Management of this Planning Scheme. The cost of the study shall be offset by the required contribution for the particular development.

[b]

[c]



1

[d] Council has developed a Drainage Management Team, whose function is to provide advice to Council on drainage issues regarding the following:

[i] development of strategies for specific areas including

[ii] capital worksktaging; and [iii] maintenance.

The Council, in formulating drainage plans within the catchment, will have regard to the Trinity Inlet Management Plan Drainage Waterway Management Report - Best Practice Guidelines.

consideration of minimal impact on habitat values;

[el

6.6.2 Drainage Objective 2 To limit flooding of public and private property, both within the catchment and downstream, to designated or acceptable levels.

[a] The design for subdivision and building works shall be in accordance with Council's Part H Section 3.0 Drainage Management and Part E Housing, Industry and Commercial Subdivision and Amalgamation of Land.

6.6.3 Drainage Objective 3 To control and detain within each catchment as much incidental rainfall and run-off as possible to reduce the impact of urbanisation and minimise pollutant inflows to receiving waters by controlling scour and depositional effects.

Implementation

[a] Council, when developing DMPs, shall encourage, where appropriate, the introduction of detention basins.

Council when assessing development applications shall promote the use of small basins which are intended to detain the run off from smaller catchments prior to flow entering the main storm water drainage system. These devices are outlined in Part H Section 3.0 Drainage Management and the Queensland Urban Drainage Manual.

[b]


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[c] Council when assessing development applications shall require compliance with Council's Local Planning Policy - Erosion and Sediment Control Guidelines.

6.7 HAZARDS STRATEGY

6.7.1 Hazards Objective 1 The prevention of both short term and long term inundation of urban land.

Implementation

[a] Council has identified a flood line for the urban areas of the Plan Area and the parts of the Barron River delta contained on the Flood Strategy Diagram A-7. This line takes into consideration the following:

[i] particular return period; [ii] storm surge; and [iii] climate change and the greenhouse effect.

Development applications relating to areas identified as below the floodline shall be accompanied by an Environmental Impact Statement (EIS). The terms of reference for any such EIS shall be obtained from the Department of Local Government and Planning. Council may not require an EIS to be prepared where it is considered that the filling is to be of a minor nature. In the event of the filling being less than 5000 m2 , Council may require a flooding report or an EIS where it is of the opinion that such filling would detrimentally affect other properties which previously would not have been affected.

[b]

[c] Council in responding to the advice for terms of reference from the Department or when assessing development applications in areas below the flood line shall have regard to the following:

[i] hydraulic model for the Barron River Delta: [ii] preservation of satisfactory flood plain storage capacity and

adequate floodways; and [iii] adverse effects on any private property, Council or State

Government property or works.


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[d] Where areas are containeh within a Coastal Management Control District an applicant shall as part of the development application, submit an Environmental Impact Statement. The terms of reference for any such EIS shall be obtained from the Department of Local Government and Planning. Council may waive this requirement where it considers the proposal to be of a minor nature or where there exists a constructed dedicated bitumen sealed road between the proposal and the beach and where Council has formally agreed to protect the road in the event of erosion.

Where Council considers, having regard to any impact statement submitted and other relevant material that the proposed development is in conflict with Part H Section 3.0 of this Planning Scheme, Council shall refuse to approve the development application.

Council may impose conditions upon any approval which Council considers necessary to prevent or alleviate conflict with the impact of this objective and Part H Section 3.0 of this Planning Scheme. Such conditions may be placed on both the construction and operational stages of the development.

[el

[q

6.7.2 Hazards Objective 2 To ensure that any new urban areas or new developments do not include land exhibiting slope instability which cannot be satisfactorily overcome.

Implementation

[a] Development in hillslope areas shall be in accordance with provisions outlined in the Development Control Plan - Hillslopes.

Council will require development applications for land that exhibits geotechnical instability to be accompanied by a geotechnical report developed in accordance with the requirements contained within the Development Control Plan - Hillslopes.

[b]

PLANNING SCHEME FOR THE BAIANCE OF THE CITY OF CAIRNS

CITY OF CAIRNS A-60

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[c] Where Council considers, having regard to any geotechnical report submitted and other relevant material, that the proposed development includes land exhibiting slope instability which cannot be satisfactorily overcome, Council shall refuse to approve the development application or that part of the development application which extends over the unstable land.

[d] Council may impose conditions upon any approval which Council considers necessary to prevent or alleviate slope instability problems. Such conditions may be placed on both the construction and operational stage of the development.

6.7.3 Hazards Objective 3 To ensure that urban expansion or new development areas do not include land which may impact on or be affected by the normal operation of the Cairns International Airport.

lmplementafion

[a] In assessing development applications, Council shall have regard to the Development Control Plan for the Protection of Airport Installations.

Notwithstanding that the site is appropriately designated andlor zoned for residential purposes, Council shall refuse to approve any development application for land which is within an ANEF category that is identified as unacceptable for the type of use and in the opinion of Council, there are no practical measures available to effectively negate the concern.

[b]

6.7.4 Hazards Objective 4 To ensure that new urban growth does not conflict with areas considered by Council to have a high bush fire hazard.

Implementation

[a] Where Council considers that a bush fire hazard may exist, Council will require the submission of a planning report with any development application. Such report shall be in accordance with the requirements contained within the Development Control Plan - Hillslopes.



6.8 EXTRACTIVE INDUSTRIES STRATEGY

6.8.1 Extractive Industries Objective 1 To protect extractive resources from

alienation by incompatible land uses and provide certainty for investment in the exploitation of these resources.

Implementafion

[a] Council has developed Extractive Resources Precincts which are made up of existing or potential quarry areas and appropriate buffer areas which should remain free of land uses that are not compatible with extractive industries. These Extractive Resource Precincts are identified on the Extractive Industries Strategy Diagram A-8.

[b] Council, when considering a development application for land uses in an Extractive Resources Precinct, shall have regard to their compatibility with extractive industries and shall not approve any land use which would be detrimentally affected by existing or potential extractive industries.

Council, when considering any amendment to the Strategic Plan for the development of new growth corridors shall have regard to any existing or potential extractive resource to ensure that it is not alienated by urban development.

[c]

[d] Council may amend the Strategic Plan map by including an Extractive Resources Precinct where it has been demonstrated that:

[i]

[ii]

the resource is of regional significance;

that there is a demonstrated need and the resource would otherwise be alienated; and

[iii] that the impacts can be managed to ensure no adverse effect on the natural or built environment.

PLANNING SCHEME FOR THE BALANCE OFTHE CITY OF CAIRNS

CITY OF CAIRNS A-62

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[el Council may approve of an Extractive Industry that is not included with in an Extractive Resources Precinct on the Extractive Industries Strategy Diagram map where it has been demonstrated that:

[i] the resource is of regional significance;

[ii] there is a demonstrated need and the resource would otherwise be alienated;

. [iii] the impacts can be managed to ensure no adverse effect on the natural or built environment.

[iv] the development application complies with the requirements of the Planning Scheme.

6.8.2 Extractive industries Objective 2 To ensure extractive industries are located

in areas which do not unduly impact upon the natural or built environment.

Implementation

[a] Council will not favourably consider a development application for an extractive industry where that industry is located within an Urban designated area on the Strategic Plan Map - Diagram A l .

Council will not favourably consider a development application for extractive industry where that industry is to be located on land designated as Conservation or Rural Constrained on the Strategic Plan Map.

[b]

[c] Council when considering a development application for an extractive industry shall have regard to City Image (5.3).

Council may dispense with requirements [a], [b] and [c], where it can be shown that:

[d]

[i] the resource is of regional significance;

[ii] there is a demonstrated need and the resource would otherwise be alienated; and

[iii] the impacts can be managed to ensure no adverse effect to the natural or built environment. or


CITY OF CAIRNS A-63

[iv] the site is included in an Extractive Resources Precinct

6.8.3 Extractive Industries Objective 3 To ensure extractive industries are

established, operated and maintained to certain standards of public safety and environmental safeguards to prevent detraction from the built and natural environment.

Implementation

[a] An extractive industry shall only operate in accordance with a permit issued pursuant to Council's Local Law - Extractive Industries.

An extractive industry operator is required to prepare an Extractive Industry Management Plan in accordance with best management practices .

[b]

[c] Council will only approve applications for commencement of extractive industries located wholly or partly within a watercourse where all obligations under the Water Resources Act have been satisfied.

6.8.4 Extractive Industries Objective 4 To ensure that the cartage of extractive

resources to/from extractive industry sites to a major arterial road will not adversely impact upon surrounding land uses or result in accelerated pavement deterioration caused by heavy vehicles.

Implementation

[a] Council when assessing a development application shall have regard to the proposed haul route for the extractive industry to ensure that problems associated with traffic, noise, vibration and dust will not have a detrimental effect on the surrounding land uses.


CITY OF CAIRNS A-64

[b] Council when considering development applications that result in urban expansion along designated haul routes shall have as a requirement of the approval:

[i]

[ii] an appropriate acoustic and visual buffer between the

no direct allotment access onto the haul route; and

development and the haul route.

[c] Council shall require a contribution for road maintenance in accordance with Council's Extractive Industries Policy and shall seek a contribution on behalf of the Department of Transport and Main Roads where the extractive industry significantly impacts on the State-controlled network.

6.8.5 Extractive Industries Objective 5 To ensure rehabilitation of extractive

industty sites.

Implementation

[a] Council as part of any development application shall require a rehabilitation plan for the site which includes both the progressive and final rehabilitation of the site. Such plan is to be drawn in accordance with Council's Local Law - Extractive Industries.

Council in accordance with its Local Law - Extractive lndustries shall require any appropriate form of security and right of access to ensure that rehabilitation works shall be completed in the event the applicant fails to do so in accordance with Council's requirements.

[b]


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6.9 HERITAGE STRATEGY

6.9.1 Heritage Objective 1 To identify places of cultural and natural heritage significance in the Plan Area.

Implementation

[a] Council will progressively add to its Geographical Information System (GIS) data base, places of heritage significance as they become known, although access to certain information concerning certain Aboriginal cultural heritage sites may be restricted.

6.9.2 Heritage Objective 2 To provide the opportunity for heritage values to be taken into account when assessing proposals for development.

lmplemenfafion

[a] Heritage places are those places identified as:

[i]

[ii]

being on Council's GIS database;

being on the Queensland Heritage Register or the Register of the National Estate or listed under the Cultural Record (Landscapes Queensland and Queensland Estate) Act;

[iii] important in demonstrating the evolution or pattern of Queensland history, regional or local history;

[iv] demonstrating rare, uncommon or endangered aspects of Queensland's heritage;

having a potential to yield information that will contribute to an understanding of Queensland's history, regional or local history;

[vi] important as representative in demonstrating the characteristics or a broader class of cultural places;

[v]

[vii] important in exhibiting particular aesthetic characteristics valued by a community or by a cultural group;

[viii] important in demonstrating a high degree of creative or technical achievement;


CITY OF CAIRNS A-66

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[ix] having strong or special meaning for the community or a cultural group because of social, cultural or special associations; or

having a special association with the life and work of a person, group or organisation important in Queensland's history, regional or local history.

[x]

[b] When submitting development applications for sites identified as heritage places, the applicant shall provide, in addition to the normal information, the following:

[i]

[ii]

the location of all buildings and other features on the site;

the arrangement and use of rooms and other spaces in the buildings, as now used or last used;

[iii] the sequence of major changes to buildings and other features on the site;

[iv] information about the history of the place and its significance;

[v] a statement of significance of the heritage place including consultation with any relevant Aboriginal people in the case of Aboriginal cultural heritage sites;

[vi] a description of the likely impact of the proposal on the heritage place; and

[vii] a description of the new facilities required on the site.

[c] Council when considering development applications for sites identified as heritage places or abutting a heritage place shall have regard to the following:

[i] the significance of the place and its contribution to the heritage of the locality;

the impact of the proposal on the significance of the place;

the retention of any specific features of the place; and

[ii]

[iii]


CITY OF CAIRNS A-67

[iv] where considerable redevelopment is to occur, the specific features of the place are capable of adequate interpretation.

6.10 INDUSTRY STRATEGY

6.10.1 Industry Objective 1 To identify land appropriate for industry.

Implementation

[a] Council has identified land appropriate for industrial uses on the IndustriallCommerciaI Strategy Diagram A-9. Land so identified is either within, or likely during the life of this Plan to be included within, either the Trades and Services zone or the Industry zone.

The IndustriallCommerciaI Strategy Diagram indicates those areas intended to accommodate a range of industrial activities that will support the sugar industry: provide services and employment opportunities to the City’s residents and/or provide services or support to other sectors within the City.

The IndustriallCornmerciaI Strategy identifies the preferred locations for industrial uses having varying levels of impact and is divided into the broad categories of high, medium and low impact. The intent of each designation is as follows.

[i] m p

This designation identifies either those areas currently used for purposes which have a high level of impact, including the Mulgrave and Babinda Sugar Mills, or which by virtue of their location are considered appropriate for the development of industrial uses which are likely to give rise to a high level of impact.

Land included within this designation is either zoned Industry, or likely to be rezoned to Industry within the life of this Strategic Plan.

Approval of uses in areas so designated will be conditional to minimise detrimental impacts on adjoining land areas and to avoid internal conflicts.


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Approval will not be given to industrial or other uses which would be sensitive to and which may prejudice the range of high impact industries which may otherwise establish within these areas.

It is intended, by virtue of the provisions of the Table of Zones, that those industries which are defined as Hazardous or Offensive Industry will require consent approval in the Industry zone which in turn will provide Council with the opportunity to satisfactorily control the development to ensure acceptable operations and levels of impact are achieved.

[ii] Medium Impact Industry

This designation identifies those areas of land either used or considered suitable for most types of industrial uses, excluding those which are likely to have a high level of impact and generally defined as Hazardous or Offensive Industry under the Planning Scheme.

This designation identifies land either currently zoned Industry, or likely to be rezoned to Industry during the life of this Strategic Plan.

It is intended that where the pattern and nature of industrial development is not already committed, Medium Impact Industry will function in part as a buffer to High Impact Industry.

Approval of uses in areas designated Medium Impact Industry will be conditional to minimise detrimental impacts not only upon adjoining non-industrial land, but also upon adjoining industrial properties.

Approval will not be given to industrial or other uses which would have an adverse impact on adjoining industrial land uses or result in unacceptable levels of impact at the point of interface between industrial and non-industrial land use.


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[iii] Low lmoact Industry

This designation identifies those areas which are intended to be relatively high amenity industrial areas and which are intended to have greater public access and more non-industrial land uses than the other industrial areas.

Land included within this designation is generally included within the Trades and Services zone. Development within these areas is intended to be limited to those uses which fulfil a service type role primarily to residential areas. In recognition of this, the Planning Scheme provides for a range of non-industrial land uses within this zone.

[b] Council shall not approve any application for industrial development within a designated industrial area where the approved development may prejudice or restrict other developments within that area which would otherwise accord with the stated intent for development within that area.

[c] Council shall not approve any application for further industrial development on land other than those areas identified on the Industrial/CommerciaI Strategy Diagram unless it can be demonstrated that there is an overriding community need that cannot be met by development of land designated on the IndustriallCommerciaI Strategy Diagram or on land located within the Part of the City of Cairns Plan Area.

6.10.2 Industry Objective 2 To ensure flexibility within the industrial zones sufficient to accommodate changes in attitudes, practices, community demand and expectations.

Implemenfafion

[a] Industrial land use activities are not restricted solely to land included within the Industry zone - Council has provided for the establishment of certain industrial uses within the Trades and Services zone. It is intended that this zone, which forms the nexus between traditional Industrial and traditional Commercial zones, will provide for uses that do not fall strictly within the bounds of traditional commercial or traditional industrial land uses.


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[b] The spatial arrangement 0; uses within the Industry and Trades and Services zones will be influenced by:

[i]

[ii]

the intensity or impacts of the particular use; and

the intensity or impacts allowable in the particular zone and under the impact level designation as indicated on the IndustriallCommerciaI Strategy Diagram A-9.

In approving any application for development within either the Industry or Trades and Services zone, Council will impose such conditions as are necessary to ensure that the intensity andlor impact of the approved use is consistent with the intensity or level of impact allowable within the particular zone and under the impact level designation as indicated on the IndustriallCommercial Strategy Diagram A-9.

6.10.3 Industry Objective 3 To ensure industrial uses reflect appropriate community standards of health, safety, convenience and amenity.

Implementation

[a] Council when assessing any application for industrial development shall have regard to the matters and issues outlined in:

[i] Natural Resources (5.2) [ii] City Image (5.3) [iii] [iv] Recreation Strategy (6.4) [v] Services Strategy (6.5) [vi] Drainage Strategy (6.6) [vii] Hazards Strategy (6.7) [viii] Industrial (Part E 3.4)

and shall impose such conditions upon any approval if given as are necessary to ensure that the respective intent of each of these provisions is met.

Traffic and Transport Strategy (6.3)



1

6.10.4 Industry Objective 4 To prevent interference with industrial activities caused by conflict between industrial traffic and non-industrial traffic, and by the impact of industrial traffic on sensitive land uses in close proximity to industrial activities.

lmplemenfation

[a] Council, when assessing any development application for industrial use, shall have regard to Traffic and Transport Objectives 2 and 4 and shall impose such conditions upon any approval given as are necessary to ensure that these objectives are met.

Council, when assessing any development application for industrial use, shall have regard to the amenity of the area, in particular Air Quality Objective I and Noise Objective 1, and the likely future amenity of the area as foreshadowed under the impact level designations indicated on the Industrial/CommerciaI Strategy Diagram A-9. Council shall impose such conditions upon any approval given as are necessary to ensure that these objectives are met and that the ability of neighbouring land to be developed in accordance with the Strategy designation is not compromised.

[b]

6.10.5 Industry Objective 5 To ensure industrial activities within the Plan Area have minimal impacts on the environment.

lmplementafion

[a] Council shall require appropriate buffering between industrial land and sensitive areas, whether they be residential, wetland or other non-industrial areas.

[b] Council may require the use of suitable technologies to prevent adverse impacts of industrial operations on waterways. As a minimum gross pollutant traps will be required for all industrial uses, to prevent first flush stormwater flows or accidental spills from entering any drainage line.

Industrial uses will be required to dispose of waste water and waste materials in an acceptable manner having regard to the nature of the particular use and the potential for contamination to arise therefrom.

[c]


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[d] Industrial uses will be required to carry out their activity without unduly affecting the acoustic characteristics or the air quality of the area, having regard to the impact level designation of the particular area as indicated on the IndustriallCommercial Strategy Diagram A- 9.

Light Industry and Trades and Services Industry uses are to be sited within the designated industry areas as shown on Strategy Diagram A-9. Some of these uses are in turn to be sited at an appropriate location to service the demands of the rural community. In this regard, such low impact forms of industry may be allowed to establish in the Village zone by consent where Council is of the opinion that the proposed use provides a service to the locality, satisfies the intent of the zone and does not adversely impact upon the amenity of surrounding land use.

Non-industrial land uses will not be allowed to locate within industrial areas except in accordance with the relevant zoning provisions and where:

[i]

[el

[fl

the uses are considered by Council to provide a direct service to the industrial area, such as a limited number of outlets for banking, snack bars or caretaker’s residence that are all appropriately located; or

the uses are considered by Council to be generally compatible with industrial uses and do not attract the general public in large numbers, or are considered by Council to complement industries so located and not interfere with general operations.

[ii]

6.11 COMMERCIAL STRATEGY

6.11.1 Introduction

Within this section the term “commercial use” includes those land uses defined under Section 3.1 of Part G of the Planning Scheme as Commercial Premises, Shop, Shopping Centre, Medical Centre, Restaurant, Showroom, Catering Shop, or a Major Shopping Development whether they exist in isolation or within any integrated development which falls within one of the levels within the retail hierarchy.


CITY OF CAIRNS A-73

6.11.2 Commercial Objective 1 f o identify land appropriate for commercial uses. '

Implementation

[a] Council has identified land considered appropriate for a range of commercial uses on the Industrial/Commercial Strategy Diagram A- 9. Land so identified is either included within, or likely, within the life of the Strategic Plan, to be included within the Commercial zone.

This Strategy, which identifies the preferred location of commercial uses, recognises that the regional retaikommercial demands of the City's residents will be adequately served by the higher order commercial developments located within Cairns city, principally at the CBD, the Coles Myer Centre on the railway site, and the Earlville Shoppingtown.

As a consequence, the highest level of commercial development within the Plan Area is expected to fall within the sub-regional level of the retail hierarchy.

The Industrial/CommerciaI Strategy Diagram indicates the location of existing and preferred location of future commercial uses within the upper two levels of the retail hierarchy expected to be represented within the Plan Area (being sub-regional and district level centres), as follows.

Sub-reaional Centres Smithfield White Rock

Trinity Beach Redlynch Hambledon Edmonton Gordonvale Babinda

The Strategy Diagram does not indicate the location of existing or future commercial uses within the lower level of the retail hierarchy, being neighbourhood, local shop(s) and other small scale retail facilities.


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The Strategy provides for the continued operation of existing local level commercial uses, while acknowledging that the location of such facilities within future development areas will be influenced by subdivision patterns and road networks within those areas.

[b] Council will only approve development applications within the designated commercial areas where application is for development which falls within the designated hierarchy and then only where a genuine community demand and need is demonstrated.

Council shall not approve applications for further commercial uses on land other than those areas identified on the Industrial/CommerciaI Strategy Diagram unless it can be established that there is a need that cannot be met by development of either land designated on the IndustriallCommerciaI Strategy Diagram or land located within the Part of the City of Cairns Plan Area.

[c]

6.1 1.3 Commercial Objective 2 To prevent interference from commercial uses caused by conflict between commercial traffic and non-commercial traffic, and by the impact of commercial traffic on sensitive land uses in close proximity to commercial activities.

Implementation

[a] Council when assessing any application for development of a commercial use shall have regard to Traffic and Transpori Objectives 2, 3 and 4 and shall impose such conditions upon any approval given as are necessary to ensure that these objectives are met.

[b] Council when assessing any development application for commercial use shall have regard to the amenity of the area, and shall impose such conditions upon any approval given as are necessary to ensure that the amenity levels anticipated by the implementation of the Strategic Plan are protected and preserved.


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6.11.4 Commercial Objective 3 To ensure that commercial uses reflect appropriate community standards of health, safety, convenience and amenity.

Implementation

[a] Council when assessing any application for development of a commercial use shall have regard to the matters and issues outlined in:

[i] Natural Resources (5.2)

[ii] City Image (5.3)

[iii]

[iv] Recreation Strategy (6.4)

Traffic and Transport Strategy (6.3)

[v] Services Strategy (6.5)

[vi] Drainage Strategy (6.6)

[vii] Hazards Strategy (6.7)

[viii] Commercial (Part E 3.3)

and shall impose such conditions upon any approval as are necessary to ensure that the respective intent of each of these provisions is met.

6.11.5 Commercial Objective 4 To ensure commercial uses within the Plan Area have minimal impact on the environment.

Implementation

[a] Council shall require appropriate buffering between any land zoned or used for commercial uses and sensitive areas, whether they be residential, wetland or other non-commercial areas.


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[b] Council may require the use of suitable technologies to prevent adverse impacts of commercial operations on waterways. As a minimum, gross pollutant traps will be required to prevent first flush stormwater flows or accidental spills from entering any drainage line.

[c] Commercial uses will be required to carry on their activity without unduly affecting the acoustic characteristics of the area.

6.11.6 Commercial Objective 5 To ensure flexibility within the Commercial zone sufficient to accommodate changes in attitudes, practices, community demands and expectations.

Implementation

[a] Commercial uses are not restricted solely to land included within the Commercial zone. Council has provided for the establishment of certain commercial uses within the Trades and Services zone. It is intended this zone will be the nexus between traditional commercial and traditional industrial zones and will provide for those uses that do not fall strictly within the bounds of traditional commercial or traditional industrial land uses.

The spatial arrangement of uses within the Commercial and Trades and Services zones will be influenced by:

[b]

[i]

[ii]

In approving any application for development within either of these zones, Council will impose such conditions as are necessary to ensure that the intensity or impact of the approved use is consistent with the intensity or level of impact allowable within the particular zone.

the intensity or impacts of the particular use; and

the intensity or impacts allowable in the particular zone.


part a - cairns regional council · relevant management authority. all of those parts of the plan...

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